Category: Non-Compliant Jails|Texas Commission on Jail Standards

The Culberson County jail, in Van Horn, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The inspection occurred on August 8, 2019, and the inspection report indicates that there are serious issues with the jail.

The TCJS inspector reviewed documentation regarding the jail making a continuity of care system inquiry, as well as regarding completing intake paperwork. The inspector noted that, while the jail would make continuity of care system inquiries, the required mental health screening form was not completed immediately upon intake as required by minimum jail standards. We assume, since the report is entitled “Special Inspection Report,” that the inspection occurred as a result of injury to and/or death of an inmate.

The State inspector also noted that, after reviewing evidence, face-to-face observations which occurred after a specific inmate was placed into a cell exceeded the required 60-minute observations by 12 minutes. The TCJS standard requires face-to-face observations of inmates without significant issues to occur at intervals of no less than once each hour. If, on the other hand, an inmate is known to be potentially suicidal, mentally ill, or who has demonstrated bizarre behavior, he or she must be checked visually at least once every 30 minutes.

The Kinney County jail continues to have problems complying with Texas minimum jail standards. The Kinney County jail failed a May 29, 2018 inspection and became non-compliant, as determined by the Texas Commission on Jail Standards (“TCJS”). The Kinney County jail was once again, as a result of a May 22,2019 TCJS inspection, found to be a non-compliant jail.

The TCJS inspector cited a portion of jail standards which requires Texas county jails to keep adequate records of all required life safety plans, drills, and equipment inspections. Those records must include the date, time, results, and signature of a person conducting an inspection. Further, it is required that the records be readily available for inspection by the TCJS. Regardless, Kinney County jail “administration did not conduct or maintain monthly or quarterly inspections of the life safety equipment as required by minimum jail standards.”

Further, the Kinney County jail was failing to meet its obligations to Texas veterans. Every sheriff and/or jail operator of a Texas county jail shall investigate and verify the veteran status of each prisoner by using data made available through a website operated by the United States Department of Veteran Affairs (or a similar service.) However, the TCJS inspector noted that Kinney County jail administration failed to verify the veteran status of each prisoner. Further, Kinney County jail administration also failed to maintain a log for TCJS review.

Jail presents unique challenges for people with mental health issues and/or people who are experiencing a crisis that could lead to suicide. Therefore, Texas minimum jail standards require that county jail staff receive training regarding procedures for recognizing, supervising, documenting, and handling prisoners who are mentally disabled and/or potentially suicidal. Further, supplemental training must be provided to county jail staff members who are responsible for intake screening. However, when asked, Kinney County jail administration could not produce training rosters to prove that Kinney County jail staff had received suicide prevention training conducted in accordance with minimum jail standards.

Finally, if an inmate is known to be or observed to be mentally disabled and/or potentially suicidal, Texas County jail staff are required to notify a magistrate of such finding. However, the TCJS inspector found that Kinney County jail staff were not notifying a magistrate as required by Article 16.22 of the Code of Criminal Procedure. This and the failure to train staff regarding mentally ill and/or suicidal inmates are serious violations. The violation regarding magistrate notification is made even more unacceptable when recognizing that the TCJS inspector, approximately one year before the May 22, 2019 inspection, wrote up the Kinney County jail for the same violation. Hopefully, Kinney County will bring its jail into compliance with Texas minimum jail standards.

The Texas Commission on Jail Standards recently listed the Zavala County jail, in Texas, as being non-compliant.  The TCJS inspector noted a number of issues in a written report.

The TCJS inspector noted that there was no two-way voice communication between prisoners and staff.  This is a minimum jail standard in Texas.  Apparently, Zavala County jail administration failed to add an intercom to the recreation yard as TCJS recommended in a technical assistance memorandum during the 2018 annual inspection.  Further, the TCJS inspector noted that the fire panel was last inspected on January 10, 2018.  This placed the inspection 102 days past-due.

Finally, the TCJS inspector noted that preventive maintenance had to be conducted to ensure a safe, secure, and sanitary facility.  The Texas Commission on Jail Standards inspector noted, when walking through the jail, that there were multiple lights out in the halls and inmate living areas, including security lights.  The TCJS inspector also noted that there were broken windows and paint chipping in many areas of the jail.  Also, the toilet-sink combos were leaking in the west cell.

The Liberty County jail, in Texas, recently failed a Texas Commission on Jail Standards inspection.  The TCJS inspector noted a number of issues with the jail.  The Liberty County Sheriff’s Department is in charge of the jail.

When the TCJS inspector walked through the facility, the inspector noted that inmates were being held more than 48 hours in a holding cell.  This is a violation of Texas minimum jail standards.

The TCJS inspector also noted, when reviewing inmate medical files, that jail staff were not completing in its entirety the intake form promulgated by the TCJS.  This is vitally important, because inmates are at highest risk for suicide within the hours and days after they are originally incarcerated.

The jail also was not conducting a CCQ system search for every inmate.  The CCQ search enables the jail to determine whether an inmate has previously received state mental health care.  This assists jailers in determining whether to place a newly-arrested prisoner on suicide watch.

There was a long list of preventive maintenance that needed to be completed.  The TCJS inspector noted, by way of example, that a lock panel and mechanism was loose and exposed, a day room shower had exposed wiring, a breaker box was unsecured, and a telephone partition was bent and thus exposed mental edging.

The Hardin County jail, in Texas, recently failed an inspection by the Texas Commission on Jail Standards.  The TC JS inspector noted a number of jail standards violations.

The Hardin County jail is not staffing the jail with a sufficient number of jailers.  Inmates must be supervised by an adequate number of jailers to comply with State law.  However, they TCJS inspector noted, during a review of staffing rosters, that the Hardin County jail is not meeting the officer-to-inmate ratio at all times.  This is a violation of minimum Texas jail standards.

Moreover, the Hardin County jail is not keeping up with preventive maintenance.  The TCJS inspector made a list of a number of things that must be remedied by the Hardin County jail.  These things included no hot water in a sink, a toilet not working, needed cleaning, missing mirrors, and low water pressure.

Further, the TCJS inspector noted that, when reviewing prisoner grievances, jail staff are not providing a 15-day interim response on every grievance as required by minimum jail standards.  The jail also was not offering recreation to inmates for one hour at least three days per week.

The Texas Commission on Jail Standards (“TCJS”) recently put the Falls County, Texas jail on its list of noncompliant jails.  The TCJS inspector’s report is dated April 17, 2019.

The TCJS found that Falls County is not responding to complaints received by the TCJS in a timely manner.  For example, the TCJS received complaints which were sent to the Falls County Sheriff and jail administrator on December 28, 2018, February 1, 2019, and March 29, 2019.  The TCJS indicates that, due to the lack of initial or follow-up response, the complaints remained unresolved as of April 17, 2019.

The Terry County, Texas jail, in Brownfield, Texas, is now listed by the Texas Commission on Jail Standards (“TCJS”) as being a non-compliant jail. This occurred as a result of an inspection on or about March 18, 2019.

The Terry County jail has an issue that seems to be at epidemic proportions in Texas county jails. TCJS standards require that inmates confined in a holding cell or detoxification cell shall be observed by facility personnel at intervals of not less than 30 minutes. However, during TCJS review of face-to-face observations of inmates in the Terry County jail holding cell, TCJS determined that Terry County jail staff exceeded that 30-minute interval by up to 29 minutes.

It is vital that Texas county jailers properly observe prisoners. Prisoners in county jails are a high risk of suicide, and many such prisoners also have significant medical issues. If they are not properly observed, particularly if they are intoxicated, the failure to make such observations can result in death or serious injury.

The Freestone County, Texas jail in Fairfield, Texas, was once again cited by the Texas Commission on Jail Standards for violations. Freestone County is now listed as a non-compliant jail by the Texas Commission on Jail Standards (“TCJS”).

The TCJS inspected the Freestone County jail on or about March 13, 2019. The report indicates five items which did not comply with TCJS standards. While all items are important, two items are particularly troublesome as it relates to the safety of inmates and common issues with prisoners in Texas jails.

The report indicates that Freestone County was unable to provide any documentation whatsoever, by jail administration, that jail staff are receiving the 60 minutes of suicide prevention training annually. This suicide prevention training, which is in accordance with an approved operation plan, is critical. Texas jails have a constitutional obligation to protect inmates who are likely to commit suicide.

Moreover, aside from being able to recognize suicidal inmates, jails have an obligation to provide reasonable medical and mental health care. Part of that obligation includes periodic observations of inmates. As to inmates who have no known issues, the TCJS requires face-to-face observations no less than once every 60 minutes. However, when TCJS reviewed observation logs in Freestone County, it was clear that jailers were exceeding the 60-minute observation interval, continually, by up to as long as 200 minutes. Hopefully, Freestone County will come into compliance with TCJS standards.